Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.

Saturday, May 20, 2006

In second do-over this year, Nebraska Supreme Court grants rehearing from a McCormack decision and withdraws significant part of ruling: Supremes find in favor or Bergan Mercy Hospital's peer review immunity defense in dispute with suspended surgeon.
McLeay v. Bergan Mercy Health Sys., 271 Neb. 602 Filed May 19, 2006. No. S-04-117. McLeay II. Appeal from the District Court for Douglas County: Joseph S. Troia, Judge. On motion for rehearing, reargument granted. See 270 Neb. 693, 708 N.W.2d 592 (2005) McLeay I, for original opinion. Original opinion withdrawn. Affirmed in part, and in part reversed and remanded for further proceedings.
Earlier this year J. Stephan authored the Court's opinion in McCray II that allowed sex offenders who had obtained expunged convictions reconsideration for lower sex offender risk category scoring, after J. McCormack for the Court ruled that the sex offender would not get reconsideration. This week the Court J. Connolly withdraws J. McCormack's earlier opinion that Bergan Mercy could not win on summary judgment with its peer review immunity defense against a suspended surgeon who claimed its findings were unreasonable.